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Nagamani Vs The Divisional Manager — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Nagamani Vs The Divisional ManagerNagamani v. The Divisional Manager

Allowed¶24

Nagamani v. The Divisional Manager

Madras HC27 Jun 2025CMP(MD)/2837/2025

Case brief

AI extract

What is this about?

Interlocutory order allowing withdrawal of 50% of deposited motor accident award amount; petition under Section 151 CPC; conditional interim stay dated 28.10.2024 in CMA(MD) No.1399 of 2024 requiring deposit of 50% of award amount; M.C.O.P.No.903 of 2019, Motor Accident Claims Tribunal cum Special Sub Judge, Madurai; claimant Nagamani v. Divisional Manager, Bajaj Allianz General Insurance Company Limited; Rs.37,55,201/- with proportionate interest; treatment and family expenses; Tribunal to disburse expeditiously without formal permission petition; Madurai Bench of Madras High Court; decision dated 27-06-2025.

What did the court decide?

Permission to the petitioner/claimant to withdraw 50% of the deposited award amount with proportionate interest; the Tribunal directed to disburse the amount expeditiously without insisting upon any formal permission petition.

Why is it important?

Considering the reasons stated for withdrawal of the award amount, the Court permitted the petitioner/claimant to withdraw 50% of the deposited amount lying in the credit of the claim petition along with proportionate interest. ¶22

What the court decided

AI extract

Outcome

Permission to the petitioner/claimant to withdraw 50% of the deposited award amount with proportionate interest; the Tribunal directed to disburse the amount expeditiously without insisting upon any formal permission petition.

Issue for consideration

Whether the petitioner/claimant should be permitted to withdraw 50% of the award amount (Rs.37,55,201/-) with proportionate interest, deposited to the credit of M.C.O.P.No.903 of 2019 pursuant to the conditional interim stay, to meet treatment and family expenses pending disposal of the main Civil Miscellaneous Appeal.

Court's answer

Considering the reasons stated for withdrawal of the award amount, the Court permitted the petitioner/claimant to withdraw 50% of the deposited amount lying in the credit of the claim petition along with proportionate interest.

Ratio / Principle

The Tribunal shall disburse the said amount to the petitioner expeditiously without insisting upon any formal permission petition.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), by order dated 27-06-2025 in CMP(MD) No.2837 of 2025 in CMA(MD) No.1399 of 2024 (made by A.D. Jagadish Chandira J.; Bench included R. Poornima J.), allowed a petition under Section 151 CPC filed by the claimant Nagamani against the Divisional Manager, Bajaj Allianz General Insurance Company Limited. The Court permitted withdrawal of 50% of the award amount, i.e., Rs.37,55,201/-, with proportionate interest, from the deposit lying to the credit of M.C.O.P.No.903 of 2019 (Motor Accident Claims Tribunal cum Special Sub Judge, Madurai). The deposit had been made pursuant to a conditional interim stay of the award granted on 28.10.2024 in the main appeal. Withdrawal was sought to meet treatment and family expenses pending disposal of the main Civil Miscellaneous Appeal. The Tribunal was directed to disburse the amount expeditiously without insisting upon any formal permission petition.

A

CMP(MD) NO. 2837 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-06-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R. POORNIMA

CMP(MD) NO. 2837 of 2025 IN

CMA(MD) NO.1399 of 2024

Nagamani

S/o. Sethuraman, 70/2, Alageri Street, Nethaji Street Last, Jaihindpuram, Madurai.

Petitioner(s)

Vs

The Divisional Manager Bajaj Allianz General Insurance Company Limited, 184/25, First Floor, KPS Shopping Arcade, By pass Road, Madurai 16.

Respondent(s)

Prayer: Petition filed under Section 151 of C.P.C., to permit the petitioner to withdraw 50% of the award amount i.e., Rs.37,55,201/- with proportionate interest deposited into credit of M.C.O.P.No.903 of 2019 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Madurai as per the order passed in and in CMP.No.15157 of 2024 in CMA(MD) No.1399 of 2024 pending disposal of the main Civil Miscellaneous Appeal.

For Petitioner(s):

ORDER

(Order of the Court was made by the Hon'ble A.D.JAGADISH CHANDIRA J.)

This Court by order dated 28.10.2024 in CMA(MD)No.1399 of 2024, had

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CMP(MD) NO. 2837 of 2025

granted a conditional interim stay of the award, subject to a condition that the appellant shall deposit 50% of the award amount to the credit of MCOP.No.903 of 2019 on the file of the Motor Accidents Claims Tribunal cum Special Sub Judge, Madurai, within a period of three weeks. Seeking to withdraw 50% of the award amount, the petitioner/claimant has filed this petition stating that in order to meet his treatment expenses and family expenses, the said amount is required.

Considering the reasons stated for withdrawal of the award amount, we permit

the petitioner/claimant to withdraw 50% of the deposited amount lying in the credit of the claim petition along with proportionate interest. The Tribunal shall disburse the said amount to the petitioner expeditiously without insisting upon any formal permission petition.

This petition is ordered accordingly .

/07/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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CMP(MD) NO. 2837 of 2025

+1 CC to M/s.S.MAHENDRAPATHY, Advocate ( SR-6861[I] dated 27/06/2025 )

ORDER IN CMP(MD) NO. 2837 of 2025 IN CMA(MD) NO.1399 of 2024 Date :27/06/2025

SA/SAR. /08.07.2025/3P/3C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner/claimant should be permitted to withdraw 50% of the award amount (Rs.37,55,201/-) with proportionate interest, deposited to the credit of M.C.O.P.No.903 of 2019 pursuant to the conditional interim stay, to meet treatment and family expenses pending disposal of the main Civil Miscellaneous Appeal.¶21
The court held
Considering the reasons stated for withdrawal of the award amount, the Court permitted the petitioner/claimant to withdraw 50% of the deposited amount lying in the credit of the claim petition along with proportionate interest.ratio¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure151¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Claim petition M.C.O.P.No.903 of 2019 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Madurai, to the credit of which the award amount was deposited.¶13
Prior proceeding
By order dated 28.10.2024 in CMA(MD)No.1399 of 2024, this Court granted a conditional interim stay of the award, subject to the appellant depositing 50% of the award amount to the credit of MCOP.No.903 of 2019 within three weeks.¶21
Prior proceeding
The conditional interim stay order was passed on 28.10.2024 in CMA(MD)No.1399 of 2024, the main civil miscellaneous appeal.¶17
Prior proceeding
An earlier order was passed in CMP.No.15157 of 2024 in CMA(MD) No.1399 of 2024, referred to in the prayer; the main Civil Miscellaneous Appeal remains pending disposal.¶13

Parties & counsel

AI extract

petitioner
Nagamani¶7
respondent
The Divisional Manager Bajaj Allianz General Insurance Company Limited¶11

Coram

AI extract

A.D.JAGADISH CHANDIRAauthor¶16
R. POORNIMAmember¶4

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 27 Jun 2025 · June
Registered: 19 Feb 2025
Case no.: CMP(MD)/2837/2025
CNR: HCMD010185182025
Bench: A.d.jagadish Chandira R. Poornima
Disposal: ORDERED
Case type: CMP(MD)

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Cite this judgement

Nagamani v. The Divisional Manager, CMP(MD)/2837/2025 (MAD), decided on 27 June 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure151

View all statutes

Procedural history4

Claim petition M.C.O.P.No.903 of 2019 on the file of the Motor Accident Claims Tribunal cum Special Sub Judge, Madurai, to the credit of which the award amount was deposited.
By order dated 28.10.2024 in CMA(MD)No.1399 of 2024, this Court granted a conditional interim stay of the award, subject to the appellant depositing 50% of the award amount to the credit of MCOP.No.903 of 2019 within three weeks.

View full history

Bench / Coram

A.D.JAGADISH CHANDIRA and R. POORNIMA

Parties & counsel